D S CHAKRAPANI Vs. SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the learned Single Judge dismissing the writ petition. In the writ petition, the challenge was to the preliminary Notification dated 28.3.2007 (Annexure-B) and the final declaration dated 25.11.2007 (Annexure-F), whereby the land which belonged to appellant was acquired for the benefit of respondents 3 and 4.

(2.) Facts of the case briefly stated are as under:

(3.) Though appellant had raised several grounds in the writ petition and has also raised several grounds in this appeal, all those grounds are not urged for consideration. Prof Ravivarma Kumar, learned Sr. Counsel appearing for appellant, would urge that, the enquiry which is mandatory under Section 5A of the Act was not conducted in the instant case and therefore, the declaration under Section 6 of the Act and proceedings thereafter, if any, are illegal. In support of the contention, learned Sr. Counsel placed strong reliance on a decision in the case of V.K. Kangan v. State of Mysore and Ors., 1976 2 SCC 895.